YADAV NATHOBA KOHCHADE Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) THESE appeals are directed against appellants' conviction for offences punishable under Section s 420, 468, 471 read with Section s 109/34 of the Penal Code, Section 120-B and Section 409 of the Penal Code and sentences imposed upon them for those offences by the learned 2nd Additional Chief Judicial Magistrat e, Nagpur, in Criminal Case No. 361 of 2002.

(2.) THE facts which led to prosecution and conviction of the appellants are as under: Appellant Mahendra Gote in Criminal Appeal No. 88 of 2008, original accused No. 1 before the trial Court, was a student of LL. B. Final Year degree course. He had appeared for final year examinat ion in Summer of 1996 and his Roll No. was 6302. He seems to have failed in all the seven subjects and had applied for revaluat ion in those subjects.

(3.) THE answer books of students used to be sent to the revaluers who used to record marks, not on the answer sheet itself, but on a revaluat ion sheet (for the sake of brevity, referred to hereinafter as "r1/r2" for the two revaluers ). Upon receipt of result of revaluat ion from the revaluers Roll Number of the candidat es on the answer sheet used to be unmasked and the code number printed on the answer sheet used to be entered against the roll number of the candidat e concerned in Revaluat ion Tabulat ion Register (RTR ). After this R1/r2 sheets used to be handed over to scrutineers who would then enter the marks assigned by two revaluers, draw average, note whether there was any change or adverse change and what was the percentage of change. If there was a change or adverse change in excess of 5% the scrutineers would make note and eventually such change used to be noted in the Final Tabulat ion Register (FTR) as well, on the basis of which mark sheets were prepared.